Court awards in favour of parking eye

creon

Just wanted an understanding as the courts letter didn't give an explanation of why and how they have ruled in favour of parking eye.

Please could someone break it down why when parking eye filed a small claims court defence for a total of £175 the district judge then awards them £370.

I had filed a part admission and had intended to attend the court date but due to a change of employment and work commitments at last minute realised that I couldn't make it and unfortunately couldn't inform the court as the notice period was up.

I'm hoping that when the court office is open I can make a payment plan.

KeithP

creon wrote: »

I had filed a part admission and had intended to attend the court date but due to a change of employment and work commitments at last minute realised that I couldn't make it and unfortunately couldn't inform the court as the notice period was up.

That in itself could've been decided as unreasonable behaviour on your part, leading to extra costs being awarded.

creon wrote: »

I'm hoping that when the court office is open I can make a payment plan.

You need to be paying the Claimant, not the Court.
There is an address for payments on your Claim Form.

waamo

Don't make a payment plan. If you do that you get a ccj on your file for 6 years. Pay in full ASAP.

They probably attended and had a right laugh as they told the judge they deserved all their costs. You weren't there to object. Had you objected it's highly likely they wouldn't have been awarded.

Le_Kirk

Don't attempt a payment plan as the CCJ will stay on your record for up to 6 years. I believe it has to be paid IN FULL before the deadline set by the court.

creon

☹️ what a farce, can't really see any wrong doing on my behalf apart from overstaying but this is punishment.

KeithP

creon wrote: »

☹️ what a farce, can't really see any wrong doing on my behalf apart from overstaying but this is punishment.

No wrongdoing?

You failed to even afford the court the basic courtesy of letting them know about your non-attendance.

waamo

If you are unreasonable in your behaviour the court can award costs against you.

Telling a court you would be attending then just not turning up is by any definition unreasonable. An email would have taken all of two minutes tops. In fact you've probably spent longer posting here than an email to the court would have taken.

Had you spent that two minutes sending a mail the outcome may well have been better.

beamerguy

creon wrote: »

Just wanted an understanding as the courts letter didn't give an explanation of why and how they have ruled in favour of parking eye.

Please could someone break it down why when parking eye filed a small claims court defence for a total of £175 the district judge then awards them £370.

I had filed a part admission and had intended to attend the court date but due to a change of employment and work commitments at last minute realised that I couldn't make it and unfortunately couldn't inform the court as the notice period was up.

I'm hoping that when the court office is open I can make a payment plan.

It's called a default win, you did not attend, PE did and the judge really had little option.

Any old fool and his scam (that's PE) can win like this

The_Deep

PE probably claimed the full amount for legal representation. However, as they have their own legal department why not send them a SAR asking for all the stuff they have on you and the hearing.

Half_way

While i hate to say it, the reason is that you failed to turn up to court.


Why did the thing get to court in the first place, there is lots that should be done in order to prevent a parking charge even getting near a court.


If you had posted here when you had the first parking charge notice then things could have easily been resolved.


You said it relates to an overstay, how long?
Whos car park?
how did you engage with the car park owner to resolve the issues created by their agents ( parking eye)?


Lots of things should have been done, you MUST be pro active in dealing with parking tickets, and if it gets to court then something has gone wrong,and if you fail to turn up to court, then you get what you deserve.




OK, that out of the way, the only way to get your money back would be to take some form of action against the land owner, but even if its possible it would require some work, starting with the SAR request as mentioned above.


We will need to know all the background information, why a parking charge was issued - you said overstay but how long? where? whos car park?? it will be hard work, and the fact that you couldnt be bothered to turn up to court will not count in your favour, looks like Rachel Ledson got her bonus

Coupon-mad

A lesson for all, as we keep saying - do your research and TURN UP FOR YOUR CASE!

And this could have been cancelled by a retailer/landowner within days of the PCN.